Case Summary
The plaintiffs, legal heirs of late N.A.K. Haji, filed a suit seeking both mandatory and prohibitory injunction against the defendants, who are alleged to be obstructing a pathway that provides access to the plaintiffs' property. The defendants contend that the pathway claimed by the plaintiffs is imaginary and that they have the right to use their property as they see fit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants.
Case Type
Injunction
Final Judgment
No
Why Plaintiff Won:
Plaintiffs are found to be in possession of the plaint B schedule property, which is crucial for their access.
Plaintiffs are found to be in possession of the plaint B schedule property, which is crucial for their access.
Judgment Evidence:
The suit is decreed partly. Plaintiff is entitled to get a decree of permanent prohibitory injunction restraining defendants from interfering with right over or committing any waste in plaint B schedule property.
Parties Involved
Plaintiffs
Vaheeda (Age not specified years)
Nambipunnilathu House, Edavilangu Village, Kodungallur Taluk, Thrissur District
Shahana (Age not specified years)
Nambipunnilathu House, Edavilangu Village, Kodungallur Taluk, Thrissur District
Shafna (Age not specified years)
Nambipunnilathu House, Edavilangu Village, Kodungallur Taluk, Thrissur District
Shahid (Age not specified years)
Nambipunnilathu House, Edavilangu Village, Kodungallur Taluk, Thrissur District
Defendants
Shri.T.P.M. Ibrahim Khan (65 years)
S R M Road, Ernakulam Village, Kanayannur Taluk, Ernakulam District, Kochi – 682 018
Shri.K.M.Hamsa (60 years)
46/1411, S R M Road, Ernakulam Village, Kanayannur Taluk, Ernakulam District, Kochi – 682 018
Laila (Age not specified years)
46/1411, “Shafees’’ S R M Road, Ernakulam, Kochi – 682 018
Shafeeq (Age not specified years)
46/1411, “Shafees’’ S R M Road, Ernakulam, Kochi – 682 018
Shafeena (Age not specified years)
46/1411, “Shafees’’ S R M Road, Ernakulam, Kochi – 682 018
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiffs are entitled to a decree of permanent prohibitory injunction restraining defendants from interfering with the plaint B schedule property.
Evidence:
Plaintiff is entitled to get a decree of permanent prohibitory injunction restraining defendants from interfering with right over or committing any waste in plaint B schedule property.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Plaintiffs sought a mandatory injunction for removing obstructions in the plaint B schedule property.
Evidence:
Hence issue No.2 is found against the plaintiffs.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Used to establish the ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Used to establish the ownership of the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Document
Submitted By:
Defendant
Relevance:
Used as a title deed to demonstrate boundaries and property ownership.
Reference:
Ext.B1
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
Evidence to support the defendant's claims regarding property boundaries.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Filed to provide an official assessment of the property in question.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Visual representation of the property boundaries as assessed.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further examination of property boundaries and the path being disputed.
Reference:
Ext.C2